Local Government Act 1985

54 Continuity of employment in certain cases of voluntary transfer. E+W

(1) This section applies to a person who at any time after the passing of this Act ceases to be employed by a relevant authority (his “former employer”) if—

(a) the termination of his employment is attributable to any provision made by or under this Act;

(b) he is subsequently employed by another person (his “new employer”); and

(c) by virtue of section 84, 94 or 95 of the M1 Employment Protection (Consolidation) Act 1978 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part VI of that Act.

(2) Where this section applies to a person [F1 Chapter 1 of Part XIV of the Employment Rights Act 1996] (computation of period of employment for the purposes of that Act) shall have effect in relation to that person as if it included the following provisions, that is to say—

(a) the period of employment of that person with his former employer shall count as a period of employment with his new employer; and

(b) the change of employer shall not break the continuity of the period of employment.

(3) Where this section applies to a person the period of his employment with his former employer shall count as a period of employment with his new employer for the purposes of any provision of his contract of employment with his new employer which depends on his length of service with that employer.

(4) The relevant authorities for the purposes of this section are the same as those for the purposes specified in section 50(3) above.

Textual Amendments

F1 Words in s. 54(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 26(2) (with ss. 191-195, 202)

Modifications etc. (not altering text)

C1 S. 54 amended by S.I. 1986/399, arts. 1, 6

Marginal Citations

M1 1978 c. 44.